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In the first post of our blog series on Texas divorce spousal maintenance, we explored the complexities of court-ordered spousal maintenance and the specific circumstances that may justify its award. If you haven’t already, we recommend revisiting that post for a thorough understanding of the subject. Misconceptions and partial truths about spousal support in Texas are common, making it essential to gain clarity on this topic before proceeding with a divorce. A clear understanding of spousal maintenance will provide you with a more accurate perspective as you navigate your divorce.
The current entry addresses Contractual Spousal Maintenance, marking the conclusion of our series on this matter. Distinct from court-ordered maintenance, contractual spousal maintenance is a matter of mutual agreement, necessitating a detailed exploration of its nuances.
Key Points for Those Undergoing Divorce
As previously mentioned, a fundamental distinction between contractual and court-ordered spousal maintenance lies in its voluntary nature. This entails a mutual agreement between you and your spouse where one party agrees to provide support, and the other to receive it for a predetermined period. Such agreements typically arise during mediation or informal discussions between your and your spouse’s attorneys.
Texas Family Code or other statutory laws do not mandate a specific duration or amount for contractual spousal maintenance.
Contrary to court-ordered spousal maintenance, which is subject to limits in terms of amount and duration, contractual spousal maintenance operates differently.
The Importance of Stable Income for Non-Working Spouses Post-Divorce
Intentions to receive spousal maintenance post-divorce don’t negate aspirations to rejoin the workforce or gradually reintegrate into it. In fact, contractual spousal support can facilitate funding for additional training or educational expenses, aiding in job procurement.
Similarly, if the agreed plan involves staying in the family home and assuming mortgage liabilities, a steady income stream becomes crucial for mortgage refinancing eligibility. Here, contractual spousal maintenance can offer consistent income to support refinancing efforts.
Understanding the Enforcement of Contractual Spousal Maintenance
Family law attorneys often advise settling divorce cases out of court, but it may pose challenges in enforcing agreements.
For instance, seeking court intervention to enforce your spouse’s maintenance obligations might limit the judge’s actions to the confines of the Texas Family Code’s stipulations regarding duration and amount.
To exemplify, consider a past case at the Law Office of Bryan Fagan, PLLC. A client approached us after her ex-husband, facing financial difficulties, ceased his $2000 monthly spousal support payments stipulated in their divorce decree.
The maintenance continued until our client’s death, exceeding the Texas Family Code’s ten-year limit, except in cases involving the recipient’s disability or the care of a disabled child.
Our client felt disheartened to learn that a judge couldn’t enforce the lifelong payment clause.
Ending Contractual Spousal Maintenance
The obligation to pay contractual spousal maintenance ceases with either spouse’s death or if the recipient spouse remarries or cohabitates with a romantic partner.
Prioritize Negotiations
In cases where substantial community assets exist, you might secure enough liquid assets from your divorce to negate the need for spousal maintenance. This, combined with potential child support, might alleviate concerns about financial stability.
However, if you need to negotiate, make sure to address it after resolving other financial matters. A case from Montgomery County illustrates the pitfalls of excessive spousal maintenance demands during mediation, leading to credibility loss and unfavorable impressions in court. A thorough understanding of your family’s financial situation can prevent such outcomes.
In conclusion, understanding Texas divorce spousal maintenance is essential for anyone facing or considering divorce in the state. By familiarizing yourself with the criteria for spousal support and the circumstances that may lead to its award, you can better navigate the legal complexities of your divorce. Gaining clarity on this topic ensures that you are prepared for what lies ahead, enabling you to make informed decisions and secure a fair resolution. Consulting with an experienced family law attorney can further help you understand how spousal maintenance may apply to your specific situation.
Proudly Representing Southeast Texas Families: The Law Office of Bryan Fagan, PLLC
We appreciate your engagement in our spousal maintenance discussion in Texas. For further insights, feel free to contact us. You may also arrange a complimentary consultation with an attorney at the Law Office of Bryan Fagan, PLLC. Proudly serving clients across southeast Texas, we are committed to representing you and your family with distinction.
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Other Articles you may be interested in:
- Spousal Maintenance and Temporary Spousal Support in Texas divorces
- Spousal Maintenance in a Texas Divorce: Court-Ordered Maintenance
- Assessing Spousal Maintenance Guidelines in Texas
- What impact did the legislative changes of 2021 have on spousal maintenance in Texas?
- How Can Spousal Maintenance Be Terminated or Modified in Texas?
- Modification of Spousal Maintenance in Texas
- Know-How to Determine Whether Alimony Will be Owed and for How Long, When Preparing for Your Texas Divorce
- 3 Important Facts about Texas Alimony and Spousal Support
- Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
- Spousal Support Availability in a Texas Divorce
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
